HC says Sonam Wangchuk can be shifted to private hospital; Centre raises no objection

The Delhi High Court on Tuesday indicated that activist Sonam Wangchuk, who has been on a hunger strike since June 28 over alleged NEET examination irregularities and paper leaks, can be shifted from Safdarjung Hospital to a private hospital of his choice, with Medanta Hospital proposed for his treatment.

A bench comprising Chief Justice D K Upadhyaya and Justice Tejas Karia said Wangchuk's concerns regarding alleged police surveillance, extensive searches and the seizure of his electronic devices also required attention.

Wangchuk was admitted to Safdarjung Hospital on July 18 after Delhi Police removed him from the protest site at Jantar Mantar, citing concerns over his health.

The court considered medical reports submitted by a government-appointed panel as well as opinions from Wangchuk's personal physician and treating doctor before proposing his transfer.

Addressing Solicitor General Tushar Mehta, appearing for the Centre, and Senior Advocate Akhil Sibal, representing Wangchuk's wife Gitanjali Angmo, the Chief Justice said Wangchuk should be shifted to Medanta Hospital and that all medical records and reports from Safdarjung Hospital should be transferred immediately.

Angmo had approached the division bench after a single judge on July 19 declined her plea seeking permission to shift Wangchuk to a private hospital. She had cited a lack of trust in the treatment being provided at Safdarjung Hospital.

During the hearing, Sibal referred to a letter by Wangchuk alleging that police personnel were keeping him under surveillance in hospital, conducting extensive searches and seizing his devices.

In a change from its earlier position opposing Wangchuk's transfer, the Centre informed the court that it had no objection to the proposed shift. However, Mehta requested that Wangchuk should not leave Medanta Hospital against medical advice.

When Mehta attempted to refer to Monday's protests led by the Cockroach Janta Party (CJP), during which police used tear gas and batons, the Chief Justice declined to examine those issues, saying the court should not be drawn into them.

Earlier in the day, the Chief Justice had also declined an urgent listing of a public interest litigation seeking directions over the alleged use of excessive force on protesters, making a similar observation that the court should not be dragged into the controversy.

Wangchuk has continued his hunger strike from Safdarjung Hospital. His hospitalisation has become a focal point for protesters demanding his release while continuing demonstrations over the alleged NEET paper leak controversy.

CJP founder Abhijeet Dipke has also begun an indefinite hunger strike following Wangchuk's hospitalisation.